Legal Question in Wills and Trusts in Texas

I have a brother diagnosed as bi-polar who is also a chronic alcoholic, and is about to share a very substantial inheritance with me and our sister. His wife has divorced him because he wouldn't get treatment and was abusive when drunk. He is prone to hanging out in bars and flashing money, and we're worried that some unscrupulous woman will latch onto him via marriage. His ex-wife is financially protected, but my sister and I wondered if there was anything we could do legally to look out for him. We know it will be his money, but we want to help. Some type of pre-nup requirement in the trust perhaps? Or just pray and hope for the best?


Asked on 1/28/10, 7:46 pm

1 Answer from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna

You will definitely need to consult with an attorney.

There are a few options depending on specific facts: 1. If the situation is especially drastic, you may be able to get a partial guardianship. and/or 2. You may consider a trust (if the trust is established prior to a marriage the trust will remain his separate property if he divorces a would-be gold-digger.

Consult an attorney.

Good Luck!

Read more
Answered on 2/02/10, 8:13 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas